Beat a Field Sobriety Test

It is best never to drive after having any alcoholic beverages. For many, though, having one drink with dinner does not put them near the legal limit of intoxication, 0.08 blood alcohol content (BAC). Being pulled over for any reason, from speeding to a broken tail light, will put you face to face with a police officer. Nervousness over being ‘caught’ – even when you are under the legal limit and driving safely – can create a problem where there may not be one. Add to this a media-driven hysteria over police aggression and you may find yourself displaying the signs of a drunk driver. Knowing what will be expected of you in a field sobriety test (FST) will help you control your nerves and avoid a DWI.

Steps

Preparing to Drive Safely

  1. Make sure you are sober enough to drive. You should never drive if you feel intoxicated, even if you know you are under 0.08 blood alcohol content. If you have been sitting for a while, get out of your seat and move around. You often feel more sober while sitting down. You may realize when you stand that your drink was a little stronger than you thought.
  2. Calculate your BAC. Even if you feel completely sober, your BAC may disagree. In general, it takes about somewhere between 3 and 5 drinks to put most people past the legal limit of 0.08. However, due to an array of variables – such as chemical changes in your body, and how well hydrated and nourished you are – you may not be in the clear with even 1 drink. Don’t make the mistake of trusting yourself to have the low BAC you expect and find out the hard way that you don’t. How much gets you to 0.08?
    • People 120 pounds and less can generally have 2 drinks before they hit 0.08
    • People 120-160 pounds can generally have 3 drinks
    • People 160-200 pounds can generally have 4 drinks
    • People 200-240 pounds can generally have 5 drinks[1]
  3. Check your mirrors and lights. Since you don’t want to give the police a reason to pull you over, make sure to go over those safety procedures that you should always be performing. Turn on your car and lights, and walk around the car to make sure everything looks and sounds right. Make sure your mirrors are at a good angle for you to see out of. If you need to do anything, such as adjust the seat, do it now so you aren’t trying to do it while you drive.
  4. Make note of the speed limit. This is another tip that you should always be doing. Don’t go more than a couple miles per hour over or under the speed limit. Watch out for speed limit changes. They usually have a reflective neon stripe above on the sign, but not always. Don’t let yourself become so distracted by looking for speed limit signs that you become unsafe!
  5. Stay alert as you drive. Don’t let yourself zone out while you drive. Cars are heavy, dangerous machines. Keep the music turned down and open the window to let rushing air keep you alert. As always, keep your cell phone in your bag or the back seat for the duration of your drive.
  6. Avoid changing up driving habits. Doing something out of the ordinary will take your mind off driving and make you seem more nervous. For example, some would advise you to chew gum to cover up the scent of alcohol. Police have heard this advice too – so it may instead be an indicator to them that you are covering something up. Besides, if you have only had 1 drink, your breath won’t reek of booze the same as someone’s after a half bottle of whiskey. Experienced police officers know the difference.
  7. Forget about 'tricking' the test. There are many myths about how you can fool a breathalyzer. Pennies, batteries, and onions won't change the reading, so don't bother. They will also indicate that you have something to hide. Don't drive if you are even concerned about your BAC and you will have nothing to worry about.

Handling Standard Field Sobriety Tests

  1. Be respectful. Police officers aren’t five-armed monsters. They will respond well to someone who is respectful and friendly. Answer their questions simply with as few words as possible. Don’t take it too far by trying to strike up a casual conversation with them. The more cooperative and concise you are, the quicker you can get back on your way.
  2. Feel confident about your sobriety. Don’t try to prepare for SFSTs. They are based on your body’s natural responses to certain stimuli. Besides, if you are not drunk, you have nothing to worry about. Research has shown that police officers are correct in assessing drunkenness in SFSTs 91% of the time.
  3. Know what to expect. There is nothing wrong about the public knowing what is legally prescribed to police to assess drunkenness. There are 3 standard tests performed by most police officers, and you may decline to take these tests. However, the consequences for declining are unpleasant, depending on the state. The officer may take your driver’s license on the spot, and you could lose it for months.[2] If you are sober, you have nothing to worry about.
    • Horizontal Gaze Nystagmus (HGN) involves the police officer assessing your eyes for signs of drunkenness. When you are drunk, your eyes jerk and twitch when moving from side to side. Police officers are also looking to see if you have trouble following an object moving in front of you. They may use a pen as the prop for this, or just their finger.[3]
    • Walk-and-Turn (WAT) is the well-known test in which the driver walks 9 steps heel to toe, turns, and comes back in the same fashion. Make sure you follow all the directions. Don’t begin until instructed to. Losing balance is another indicator of drunkenness. Failing in 2 of these areas indicates intoxication.
    • One-Leg Stand (OLS) is similar to WAT. It is performed outside the car and has a set of criteria which indicate whether a person is drunk. They are looking to see that you are following their directions. Losing balance or doing anything to catch your balance are signs of intoxication. Since you are required to count the 30 seconds out loud, verbal cues are also a sign. Like WAT, failing 2 of these indicates intoxication.
  4. Be ready for alternative testing methods. A police officer may choose another method for determining your level of intoxication. This might be asking you to recite the alphabet backwards, counting out loud, or an alternate dexterity test. They will also be assessing your voice for signs of intoxication like slurring.
  5. Respect the breathalyzer. Though they are not foolproof, they are the final say in a field sobriety test. If you feel the reading is wrong, live to fight another day. Contact a lawyer to appeal the DWI after the ordeal is over. Also keep in mind that you can be given a DWI in spite of a BAC under 0.08 if you display other signs of intoxication.

Warnings

  • This guide is intended only for those well under the legal limit of BAC who get especially nervous in stressful situations. No one who feels drunk or has a BAC of 0.08 or more should drive, and no one should attempt to cheat SFSTs.
  • If you think you have been given a DWI unjustly, find a specialized lawyer. SFSTs are not completely foolproof, and a number of situational or personal factors may cause you to fail a test.
  • Never tell a police officer they are not following the rulebook for SFSTs. There is nothing wrong with you knowing the laws surrounding drunk driving in your state. However, save your rebuttals for the court room, if it comes to that. Cooperation is key when interacting with a police officer.

Related Articles

Sources and Citations

  1. ↑ http://dui.drivinglaws.org/drink-table.php
  2. ↑ http://www.mva.maryland.gov/about-mva/info/26100/26100-50T.htm
  3. ↑ http://www.bluesheepdog.com/dui-training-horizontal-gaze-nystagmus/
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